1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY 2017

BEFORE

THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

C.M.P.NO. 255 OF 2016

BETWEEN

M/S J.V. BUILDERS

A PROPRIETORSHIP CONCERN,

J.V. BUILDING,

1^ST FLOOR, HAMPANKATTA,

MANGALORE,

REPRESENTED BY ITS PROPRIETOR,

MR. DHIRAJ AMEEN.

... PETITIONER

(BY:SRI RANJITH K.S. ADVOCATE)

AND:

M/S MENORAH REALTIES PVT LTD.,

A COMPANY INCORPORATED UNDER

INDIAN COMPANIES ACT 1956,

HAVING ITS REGISTERED OFFICE AT 101,

TITAN HOUSE, PLOT NO.82,

M.P. VAIDYA MARG, GHATKOPAR (E),

MUMBAI – 400 077.

REPRESENTED BY ITS DIRECTOR,

MR. DAVID SASSOON ASHTAMKAR,

S/O LATE SASSOON ASHTAMKAR.

... RESPONDENT

(BY:SRI K.SANATH KUMAR SHETTY, ADVOCATE)

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER

SECTION 11(5) & (6) OF THE ARBITRATION AND CONCILLATION

ACT,

1996

PRAYING

TO

APPOINT

THE

ARBITRATOR

TO

ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE

RESPONDENT IN TERMS OF CLAUSE NO.23 OF THE JOINT

DEVELOPMENT

AGREEMENT

OR

IN

THE

ALTERNATE

THE

PETITIONER

PRAY

A

DIRECTION

TO

APPOINT

THE

SOLE

ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE

PETITIONIER AND THE RESPOND